Tuesday, 19 September 2017

The Zimbabwean embassy in Pretoria entered the fray on
Tuesday in the case between Zimbabwe’s First Lady‚ Grace Mugabe‚ and the model
she allegedly assaulted.

Civil rights group AfriForum‚ acting on behalf of Gabriella
Engels‚ brought an application at the North Gauteng High Court in Pretoria on
Tuesday to add Mugabe as a respondent to the case.

This is because Mugabe does not live in South Africa.

AfriForum want the court to review the decision by the
South African government to grant diplomatic immunity to Mugabe. They also want
the court to declare that the decision to grant Mugabe immunity does not mean
she will not be prosecuted.

Adv Simba Chitando‚ representing the Zimbabwean embassy‚
opposed the application and said they want to join the case as an intervening
party.

The question of the Zimbabwean embassy’s legal authority
(locus standi) was central to Tuesday’s proceedings.

Chitando wanted to know why AfriForum want to serve a
notice of their application to the Presidency.

Adv Etienne Labuschagne SC‚ representing AfriForum‚ said
the Presidency is where the president‚ including Grace‚ lives and is not the
office of the Presidency where Mugabe works. He added this is the best place to
ensure Grace receives the notice.

“We are not dealing with someone who needs to be traced.” Chitando said if they want to serve the notice to the
president‚ it does not matter if they do at the Zimbabwean embassy in Pretoria
or in Harare.

Chitando said AfriForum did not follow the legal procedure
to serve a notice abroad and they should have first established Grace’s
address.

Labuschagne argued this did not show the Zimbabwean embassy
has locus standi‚ but that their arguments were as an amicus curiae (friend of
the court).

Engels has accused Mugabe of assaulting her and two friends
at the Capital West 20 Hotel in Sandton‚ Johannesburg‚ on August 13.

In her founding affidavit‚ Engels details how she and her
friends visited "acquaintances"‚ when Grace burst in with her
bodyguards. Engels and her friends were visiting Mugabe's sons‚ Chatunga and
Robert jnr.

Grace Mugabe, has denied assaulting
South African model Gabriella Engels with an electric cable in a Johannesburg
hotel suite ...

Engels alleges Mugabe hit her with an electric cord with a
plug at the end over her forehead. She said in her affidavit the hit caused “a
gash which has serious repercussions for my appearance and my professional
career as a model”.

She also had bruising on her thighs. Mugabe in a statement denied assaulting Engels‚ saying an
"intoxicated and unhinged" Engels had attacked her with a knife.

Mugabe said she had intervened on behalf of her sons who
were "in trouble with a drunken young woman".

Gabriella and her mother‚ Debbie‚ were at court alongside
AfriForum CEO Kallie Kriel.

Debbie said Mugabe’s claims are "utter lies". "She is going to have to prove that in court … How can
my daughter attack her with a knife when she’s got so many bodyguards?"